Monday May 29, 2023

How could Cabinet members make amendments for their personal benefit, asks SC judge

Supreme Court seeks details of cabinet members whose name were removed from ECL

May 27, 2022
How could Cabinet members make amendments for their personal benefit, asks SC judge

ISLAMABAD: The Supreme Court on Friday asked how could the federal cabinet member make amendments benefitting themselves and directed the government to present the details of the cabinet members whose names have been removed from the Exit Control List (ECL).

The observation from a judge of the apex court came as a five-member larger bench of the SC resumed the hearing on a suo motu notice on the perceived apprehension of "persons in authority" undermining the criminal justice system.

The Supreme Court also sought a report on the method of amendments in the ECL rules and summoned Federal Investigation Agency's Law Director Usman Gondal.

"For now, the court is not nullifying the decision regarding the amendments in ECL rules," CJP Umar Ata Bandial remarked.

Later, the court adjourned the hearing till an indefinite period.

During the hearing, the top judge said that the apex court will take action against anti-state steps.

He asked Attorney General of Pakistan (AGP) Ashtar Ausaf to read Section 2 of the ECL rules, according to which terrorists, tax defaulters and loan defaulters cannot travel out of the country.

"At whose behest did the Cabinet amend the rules pertaining to people involved in corruption and defaulters. Did the federal Cabinet approve the amendment in rules?” the CJP asked.

Responding to the question, AGP Ausaf said that he would present the minutes of the Cabinet meeting for approval.

Meanwhile, Justice Ijazul Ahsan inquired if a name would be removed from the no-travel list after 120 days on its own?

At this, the AGP replied that the rule of 120 days will be applicable after the inclusion of a name in the list.

Justice Mazahar Naqvi was of the view that the Cabinet members benefited from the amendment they approved.

"How could the Cabinet members make amendments for their personal benefit," the judge asked.

The AGP maintained that he would find out if the members who were in the no-travel list were part of the committee that approved the amendments or not.

Justice Muneeb Akhtar said that the court knows that the federal ministers have only allegations and nothing has been proved against them.

"But is there a code under which it can be ensured that the file of the case isn't forwarded to the same minister who is the accused in it," he asked.

Meanwhile, Justice Mazhar observed how a minister facing allegations could make amendments to the rules to benefit himself.

"The amendments in ECL rules abolished the procedure to review. Isn't the Cabinet's approval for amendments a conflict of interest," he asked.

Justice Naqvi remarked that the person whom Azam Nazeer Tarar counseled benefitted.

The judge inquired about the procedure that was adopted to amend ECL rules.